Filing Considerations for Married Couples & Unmarried Same-Sex Couples

Married couples can file bankruptcy together or apart. Here are the main considerations.

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Should I File for Chapter 7 or Chapter 13 Bankruptcy?

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If you are married and considering Chapter 7 or Chapter 13 bankruptcy, you have additional issues to think about. To start, you'll have to decide which option works best for you: filing a joint bankruptcy or an individual bankruptcy petition. For most couples, joint bankruptcy will protect more of your property and discharge more debts. But not always.

Below you'll find articles explaining how a joint bankruptcy works, considerations to determine which type of bankruptcy is better for you and your spouse (joint or individual), and what happens if you are part of a same-sex married couple.

Overview Articles

Filing Bankruptcy Without Your Spouse
Learn what happens to debts and property if you file for bankruptcy without your spouse.
Newlyweds & Bankruptcy
Learn about issues affecting you if you are recently married and considering bankruptcy.

Joint or Separate Bankruptcy?

Learn about joint bankruptcy and decide if it's right for you.

Filing a Joint Bankruptcy Petition
Learn about joint bankruptcy petitions and the pros and cons of filing one.
Should I File a Joint Bankruptcy With My Spouse?
Married couples have the option to file a joint bankruptcy, but sometimes it's best for one spouse to file alone. Learn more about it.
Do I need to include my spouse's income on my bankruptcy petition although I’m filing without her?
If you file for bankruptcy without your spouse, you still must include your spouse's income on your bankruptcy forms.
I have debts and little income. My spouse has a good job. Should I file for bankruptcy?
Filing for bankruptcy without your spouse might be a good option if you have lots of debts and your spouse has a good income.

Divorce and Bankruptcy

Filing for bankruptcy because of divorce is not uncommon. Find out more.

Divorce & Bankruptcy: Which Comes First?
Not sure if you should file for bankruptcy or divorce first? Here's what to consider.
I am separated from my husband. If I file for bankruptcy will it affect his business?
If you are separated from your spouse, whether your bankruptcy filing will affect his or her business depends on a number of factors.

Bankruptcy and Same-Sex Couples

Same-Sex Married Couples and Bankruptcy: Can You File a Joint Petition?
The U.S. Supreme Court's decision in Windsor v. United States cleared the way for same-sex married couples to file joint bankruptcy petitions.
Same Sex Couples & Bankruptcy: What If You Are Not Married?
Find out if you can file a joint bankruptcy petition and learn what happens to your joint property and debts, if you file for bankruptcy and are not legally married to your same-sex partner.
Same Sex Couples & Bankruptcy: What If You Are Not Married?
Find out if you can file a joint bankruptcy petition and learn what happens to your joint property and debts, if you file for bankruptcy and are not legally married to your same-sex partner.

Nolo's Bankruptcy Books

If you are considering bankruptcy, get detailed information from Nolo.

The New Bankruptcy: Will It Work for You?
Is bankruptcy the right solution for your overwhelming debts? Pick the best strategies for your situation with the information and practical suggestions in this book by best-selling author Stephen Elias.

How to File for Chapter 7 Bankruptcy
The reliable, up-to-date information in this best-selling book will help you successfully complete your bankruptcy claim without breaking the bank.

Chapter 13 Bankruptcy: Keep Your Property & Repay Debts Over Time
This comprehensive guide explains the Chapter 13 process, from start to finish.